THE PASSAGE OF FLORIDA STATUTE ON ASSISTED REPRODUCTIVE TECHNOLOGY

Until 1993, there were no statutes in the United States covering gesta tional surrogacy contracts, disposition of stored embryos and gametes, parentage of children born from donated gametes and embryos, and the inheritance rights of cryopreserved embryos of deceased donors. In Mar ch 1993, the Florida Assisted Reproductive Technology Act was passed t o address some of these issues and to minimize the expense and emotion al cost of related courtroom proceedings. Authors of the bill believed that motherhood of a newborn in the eyes of the law should be determi ned by two factors: genetic inheritance and the original intent of the woman to become the parent of record. The bill included the assumptio n that, in the cases of children born of gestational surrogacy, the co mmissioning genetic parents would be the ''natural parents'' of the ch ild. Some of the reasons for legislative success of the statute includ e: 1) clear need for statutory guidance in cases involving reproductiv e technology, 2) relevance of the issue to cost containment (ie, judic ial costs) in an era of health care reform, 3) careful use of scientif ic terminology and the support of the medical community, 4) involvemen t of a skilled legislative team, 5) participation of physician special ists in the development of the bill tie, practicing gynecologists in a ssisted reproductive technology programs), 6) participation of the Sta te of Florida legislative staff and 7) consultation with appropriate l obbying groups leg, Florida Catholic Conference). The successful legis lative process that was followed to achieve passage of this bill, san serve as an example for other states to emulate.